Newcastle Planning Board Chair Ben Frey speaks to the crowd assembled for a special town meeting to consider a moratorium on new firearm sales permits on Monday, May 13. (Molly Rains photo)
In a crowded Lincoln Academy gymnasium on the evening of Monday, May 13, Newcastle residents voted 71-8 to approve a moratorium on firearm sales permits.
The moratorium ordinance, as approved, prohibits “the review, consideration, or issuance of any permits or approvals” for individuals looking to buy, sell, or trade in firearms. It is set to expire on Saturday, Oct. 19, although it could be either extended past that date or rescinded before it with voter approval.
“This is not about prohibiting firearms sales,” said Newcastle Planning Board Chair Ben Frey. “It’s about whether or not this community desires regulations around firearms sales, specifically in close proximity to schools.”
In April, Frey said, the Federal Bureau of Alcohol, Tobacco, and Firearms contacted town staff to inquire as to whether the town had any restrictions on the sale of firearms near schools. Zander Lee, of Newcastle, submitted a firearm dealer application to the ATF, Newcastle Code Enforcement Officer George Chase said previously.
The inquiry led to Newcastle town officials’ realization that town codes do not address zoning requirements for the sale of firearms, Frey said.
“The state of Maine regulates the sale of alcohol, tobacco, and marijuana, but firearm sales have been left to the municipalities,” he continued.
Frey said that a moratorium would temporarily close the window for new firearms sales permits for new businesses to allow town officials and staff to develop zoning regulations around the topic and then present those proposed regulations to the townspeople for feedback and voter approval.
Speaking in opposition to the moratorium, resident Mary Lou Daxland said the firearms industry was an important source of employment and economic activity in Maine, and she did not want to see those benefits restricted in Newcastle.
Daxland, a Republican seeking election to represent Maine House District 46, also questioned whether the moratorium was illegal under Statue 25 of Maine law, part of which describes the ability of municipalities to regulate firearms.
Town attorney Peter Drum said the statute Daxland had cited did not challenge the moratorium because it did not prevent towns from regulating where firearms retailers can be located.
Drum added those who currently hold firearms sale permits — Robert L. Foster’s Auction Co., at 811 Route 1, and Doe Run Supply Co., at 92 Mills Road — will not be affected by the moratorium.
Jeffrey Burroughs, head of school at Lincoln Academy, spoke in favor of the moratorium because it would give townspeople another opportunity to consider the issue of zoning gun sales at a future town meeting.
“We do a lot of good things in schools, and we do a lot of things to try to protect those environments that are within a certain range of schools. I think we should take this opportunity to do that as a town,” Burroughs said.
After less than 10 minutes of discussion, voters passed the moratorium ordinance 71-8 in an anonymous vote conducted via electronic keypads.
The planning board and other town officials will work in upcoming months to draft zoning ordinance regulations on the retail sale of firearms, Frey said. Townspeople will have an opportunity to review, discuss, and eventually vote on any resulting changes to town ordinances.
The next regularly scheduled meeting of the Newcastle Select Board will be held at 7 p.m. on Tuesday, May 28 in the fire station community room at 86 River Road. The next meeting of the Newcastle Planning Board will be held at 6:30 p.m. on Thursday, May 16, also at the fire station. For more information, go to newcastlemaine.us or call 563-6995.
